Applying for K-1 and starting the process?

[Amanda2020 1]

Hi guys

I am fairly new to the site and the process. I have not started mine yet but are intended to soon. Before I do I want to know a little bit more about the Canadian way of processing the K-1 visa. My situation is a little bit different than most I would assume. My fiance is currently here with me home for the summer, and for the birth of our 3 month old now. He is a dual citizen, so he lives both here and in the states. My daughter is now officially a dual citizen as well we received her counselor report birth certificate last week. We are now just waiting for her US passport. In Aug my fiance has to return to Florida where he attends school. I will be going with him this time, as in the passed we'd seperate for months at a time. Now we both decided to not seperate anymore for our daughter. I am aware that I can only stay in US for 6 months at a time. We do plan to apply once we get there. Do we need to apply here in Canada? or can we apply in Florida as well? once we have applied what is the intial time frame that I would be allowed to stay with him? not including returning for the Interview here. My fiance comes to Canada several times a year so we do not have a reason to give them for not returning here. Has anyone experienced problems with that? not being allowed back?

[Hugglebuggles 60]

Hi Amanda!

I just replied to you in the K-1 forum, but you asked some different questions here.

Like I said in the other forum, you can absolutely visit your fiance while your case is pending. However, you cannot officially move to Florida with the intent of staying without a visa. This means that when you go to Florida, you cannot bring a truck load of goods with you and make it seem as though you are moving your whole life to the US, this will cause a number of red flags and being denied entry is a very real possibility. You may also be asked for evidence of ties to Canada, which is essentially proof you will return and not stay in the US and file AOS. Examples of such evidence would be a lease or mortgage, a job... anything that would make you want to return. Keep in mind that although you can file while you're in the US (since you're only visiting and you didn't move) it may be wiser to file within Canada, this way you can show the boarder agent you filled for a K-1 visa, and thus intend on using legal channels to gain residency.

Not everyone is asked for ties, I never was, but I generally crossed with my father and a return plane ticket in hand. Your case is a lot different then most others. You have a fiance and 2 children with American citizenship, why would you return to Canada? If you are asked, you need to be able to provide a reason. People have been turned away, there are many in this forum who can tell you their stories. I don't want to scare you, but you need to really think about how you intend to show you don't have the intent of staying.

Like you said, as a visitor you can stay for 6 months. This doesn't change because you filled for a visa. The time frames for obtaining the visa from filling date until entry vary quite a bit depending on what service center you use and what consulate you are going through. California is typically faster than Vermont, and Vancouver is typically faster than Montreal. We recently went through the process and it took 7 months... some have achieved the visa faster, others have waited quite a bit longer. There is a very real possibility that you and your fiance will be separated for a period of time, hopefully not to long for the sake of you and your children.

Good luck to you and welcome to the Canada forum!

[Amanda2020 1]

I got one child not two, that is very helpful, and yea I understand and I am prepared for that I have been seperated longer. We got all the proof we need if they ask for it. Will it affect anything because he is also a Canadian Citizen?

[Hugglebuggles 60]

Sorry, Daughter, not children!

If he is a Canadian citizen and has lived in Canada then I believe you can look into the DCF route. I'm not very familiar with this, maybe someone else with experience can chime in.

[Amanda2020 1]

What is the DCF?

[Chica Yeyé 41]

DCF is only available for married couples that reside abroad. Example: my husband (USC) and me (Mexican citizen) were teaching in Alberta when we applied and all our processing was done through Montreal. DCF is not available for fiancee visas.

I also replied in your other thread... renewing my invite for you to

[Sparky&Me 0]

Hi Amanda, Hugglebuggles summed up a few things quite well. My fiancé & I were in a similar situation as he was living in Canada with me on a temporary work permit. We decided to wait to file the K-1 until after he had an American source of income and address and we also wanted to limit the time we had to spend separated. The plan was for us to both go to the states together, with me staying for six months as a visitor, and filing for the K-1 as soon as he started his new job (right away). We even contacted a port of entry and ran our plans by a customs officer. He said that it was grey territory, and put me on hold while he spoke with his supervisor before coming back and saying that our plan was acceptable as long as I was returning to Canada after the six months was up. ….. So…. We quit our jobs, gave up our apartment, booked movers etc etc, and at the airport I was flat out denied entry for lack of ties to Canada. I couldn’t prove that I intended to come back here. It didn’t help that we hadn’t filed for the K-1 yet either.

You definitely need to be prepared for the worst-case scenario, i.e. you not being allowed to enter the US with him. Good luck with your visa process!

[Lenie7 0]

What is the DCF?

Direct Consular Filing

Also, if you end up going through the process in Canada, you may want to look into getting an immigrant visa (IR1/CR1) rather than the K-1. The K-1 seems to take about the same amount of time as the IR1/CR1 and you will get your Green Card after your interview. With the K-1, you would still have to adjust status once you move to the U.S. and that takes several more months AND more money (about $1,000). I looked into the K-1 for my husband, but it didn't make sense to do it that way at the time (Nov. 2008). Good luck!

[Amanda2020 1]

How does it work? how would I fall under it?

[Chica Yeyé 41]

How does it work? how would I fall under it?

For DCF or a CR-1 visa, you have to be married already. So right now you are not eligible for either.

Now, say you get married and you both live in Canada. You then file the I-130 at the nearest US consulate and take it from there: DCF cases are processed in Montreal.

[Amanda2020 1]

Thanks